Annapolis Group, a Nova Scotia company, recently gave notice of its intention to commence legal proceedings against Halifax Regional Municipality (HRM), claiming approximately $120 Million in damages.
HRM has effectively expropriated - without compensation - Annapolis' Blue Mountain - Birch Cove Lake lands.
On September 6th 2016, HRM finally refused Annapolis' request to initiate secondary planning of the Annapolis lands which had been zoned for development since 2006. Annapolis has no other choice than to take legal action.
"Since HRM is not going to allow us to develop our lands, we are simply asking to receive fair compensation from the municipality for the lands that have been effectively expropriated," said Rob Gillis, Vice Chair of Annapolis Group and President of Thornridge Holdings Limited, the parent company of Annapolis. "We don't want to be in this position, but HRM has given us no other choice."
The claim will include the following allegations:
-- that HRM has on a de facto basis expropriated the Annapolis lands
without fair compensation;
-- that HRM has abused its authority for the purposes of harming Annapolis
including acting in bad faith and discriminating against Annapolis; and
-- that HRM has been unjustly enriched at the expense of Annapolis.
For the past ten years Annapolis has actively tried to negotiate a fair agreement with HRM, consistently attempting to find a reasonable compromise. Annapolis even took part in a facilitated negotiation with HRM. Unfortunately, HRM intentionally dragged out this process for years, ignored the Facilitator's report and refused to allow Annapolis to proceed with its proposed development.
"By treating businesses unfairly, HRM is jeopardizing future investments in the region, economic prosperity and jobs. The municipality should focus on higher priorities such as jobs, tax revenue, services, and infrastructure," said Rob Gillis.
The rejected development would have provided over 300 acres of parkland and public access to a vast wilderness reserve of over 4,000 acres that is already provincially protected.
(Source: Annapolis Group)
